PRIVACY POLICY

Prophix Privacy and security Statement

Effective starting: May 10, 2017

Data privacy is important to Prophix Software Inc., and its affiliates (“Prophix”), we are keenly aware of the trust you place in us. We are committed to protecting the privacy of visitors to Prophix’s public/private websites and of Customers using the Prophix Cloud Services (“Prophix Cloud”). We want you to feel secure when using our websites and are committed to maintaining this Privacy Policy (“Policy”).

1. Prophix Public Web Site

What information do we collect?

We collect information from you when you fill out a form on our site, which may include, your name, title, company name, address, phone number, e-mail address and certain company information, such as, number of employees, annual company revenue, or industry. Providing this optional information is voluntary on your part. Prophix may also collect information such as your Internet Protocol address, Web browser information and your actions while on the Public Website. This information will be collected, via commonly-used information-gathering tools, such as cookies.

What do we use your information for?

Any of the information we collect from you may be used in the following ways:

To personalize your experience and tailor content and information that we may send or display to you (your information helps us to better respond to your individual needs).

To provide our services to you, to communicate with you about your use of our Public Website and services, to diagnose technical problems, to respond to your inquiries and for other customer service purposes

To improve our website (we continually strive to improve our website offerings based on the information ad feedback we receive from you).

For marketing and promotional purposes. For example, we may use your information, such as your e-mail address and other optional information you provide, to send you news and newsletters, special offers, services, promotions, partners, events or promotions or to otherwise contact you about products or information we think may interest you.

Sharing of Information Gathered

Prophix will not share your information, including personal information, with third parties, except as follows:

Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Statement.

Vendors, Contractors, and or Agents. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf, provided they agree to the principles in this Statement.

Assignment. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.

By Law. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena or to meet national security or law enforcement requirements.

To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Statement, or as evidence in litigation in which Prophix is involved. Prophix will not sell any information gathered.

Links to Third Part Sites

Our Websites include links to other third-party sites for your convenience. If you access those links you will leave the Prophix Websites. If you submit personal information to any of those third party sites, your information is then no longer governed by this Privacy Policy. Prophix does not endorse or make any representations about any third party websites. We encourage you to carefully read the privacy policy of any website you visit.

2. PROPHIX CLOUD SERVICES INFORMATION COLLECTION

Prophix also collects information, including personal information, from users of the Prophix Cloud Services (“User Information”). Access to the Cloud is subject to the terms and conditions of Prophix Cloud Services Agreement or similar agreement between Prophix and the party or entity that has subscribed to the Cloud Services. Any User Information provided through the Cloud Services will be subject to this Statement, unless otherwise specified in the Prophix Cloud Services Agreement.

Information Collected

Prophix collects the following User Information in connection with the Cloud Service:

Information required to use the Prophix Cloud

User profile information voluntarily provided by users, for example a phone number or profile picture

Prophix receives financial information from its customers which may include personal information.

Use of Information Gathered

Prophix uses User Information for the sole purpose of providing and improving the Prophix Cloud, maintaining security, and diagnosing technical problems as further described in its Prophix Cloud Services Agreement.

Sharing of Information

Prophix will not share User Information with third parties, except as follows:

Affiliates. We may disclose the User Information we collect to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.

Assignment. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the User Information we have collected to the other company.

By Law. We also may disclose User Information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena or to meet national security or law enforcement requirements.

To Protect Us and Others. We also may disclose the User Information we collect where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of the Propix Cloud Services Agreement or this Policy or as evidence in litigation in which Prophix is involved.

3. GENERAL PROVISIONS APPLICABLE TO ALL CUSTOMERS AND VISITORS

How to Access and Control Your Personal Information

To receive a copy of, update or access information you have provided to, Prophix via the Public Website, please send an e-mail to privacy.officer@prophix.com. Prophix will respond to any correction or update request as soon as reasonably possible.

Cookies

Cookies are unique identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Public Website and the Prophix Cloud, while others are used to enable a faster log-in process or to allow us to track your activities at our Public Website and the Prophix Cloud. There are two types of cookies: session and persistent cookies.

Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Prophix Cloud. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our site.

Prophix may use automated devices and applications, such as Google Analytics, to evaluate usage of our Public Website and, to the extent permitted, the Prophix Cloud. We also may use other analytic means to evaluate the Prophix Cloud. We use these tools to help us improve our services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

Sensitive Information

We will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

Children’s Online Privacy Protection

Neither the Public Website nor the Prophix Cloud are designed for or directed to children under the age of 13, and we will not intentionally collect or maintain information about anyone under the age of 13.

Security

The Public Website and the Prophix Cloud have security measures in place to help protect against the loss, misuse, and alteration of information and data under our control. Prophix hosts the Public Website and the Prophix Cloud in a secure environment that uses firewalls, intrusion detection, anti-malware, and other advanced technology to prevent interference or access from intruders. These safeguards help prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information and data.

Changes to this Privacy Policy

Prophix reserves the right to change this Privacy Policy as reasonably necessary or advisable to accommodate changes to the law, technology or circumstances, and will use reasonable efforts to provide notification of the material changes through the Public Website and the Prophix Cloud at least thirty (30) business days prior to the changes taking effect.

Prophix will attempt to investigate and promptly resolve any disputes or complaint regarding the interpretation or compliance with this Policy. You can submit a dispute or complaint to us as set forth in the section entitled Contacting Prophix above.